St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-10-05
Many Lawyers From All Over
Minnesota Looking After
Their Cases.
Only Four Judges Present, as
Judge Berry Is Confined
at Home.
A Long List of Important
CaseS--Pen Pictures Of
the Lawyers.

opening of term of the Supreme court
usually attracts. Itwas the beginning
of the October term, and Chief Justice
Gilfillan and his three associates,
Judges Mitchell, Dickinson and Van
derburgh, busted themselves with setting
the III cases Oh the calendar as fast as
the attorneys agreed upon their dates,
or occasionally disagreed. Judge Berry
is still lying seriously i'll at his home in
Minneapolis. AT the last term of court
he became sliced with paralysis in his
right hand and arm, and though at one
time he supposed it was only rheuma-
tlSm, it has been growing so much
worse that for days he has lain uncon-
Scl0us. Judge Vanderburgh paid him
a visit day before yesterday. There are
hopes of his recovery, but it is the gen
eral feeling that he will not be able to
again sit upon the bench.
The lawyers present represented the
best legal talent of the state. Here and
there was a man whose name is house
hold word in politics, and there were a
number OF railroad lawyers who draw
fat salaries for attending to the litiga-
ton of their great corporations. Con-
gresham Thomas Wilson, of Winona;
eX-State Senator j. n. Castle, of Still
water, and eX-State Senator H. j. Peck
got together at one time, and it looked
fer all like a resurrection of the state
senate of 1885 as they chatted to-
gether with their usual habit of talking
i'll the Hobbies. Representative Greg
DRY, of Saltwater, was also present with
the same energetic activity in handling
his briefs as he manifested last winter
with bills that are now laws.
Politician d. B. Searle, of st.
Cloud, eX-United States district at
tOrney, and chairman of the
Young Mems Republican club of the
state, was also on hand, his eyes twink
ling, and his lips playing with his
habitual smile. Attorney General
Ciapp's black eyes kept watchful guard
party. Among the old war horses were
Col. c. ii. Benton, of Minneapolis; Gen.
Berry, of Winona; /. V. d. Heard and
Judge Alexander, of this city; eX-Sena-
tor W. c. Williston, of Red Wing, and
eX-City Attorney Cross. of Minneapolis;
and among the vigorous bright lights
were Aid. Sanborn, W. II. Lightner,
w. d. Cornish, Assistant City Attorney
Thomas ID. O'Brien, and George B.
Young, the supreme court reporter, all of
this city; City Attorney Seagrave Smith,
of Minneapolis; r. A. Wilkinson, of
Crookston; j. c. Mcclure, of Red Wing;
w. W. Belson, of Duluth; ex-Repre-
sentative Foster, of Mankato; Col.
Hooker, of Minneapolis; eX-MayOr c.
ID. O'Brien, of st. Paul, and eX-Sena-
tor a. c. Hickman, of OwatOnna.
IMPORTANT CASES.
There are not few important cases
on the calendar this term which involve
questions of state interest, and there
are some ''chestnuts." The old Lord
VS.. bearing and bearing VS.. Lord con-
troversies over West st. Paul land tax
titles, in which Gen. John B. Sanborn
and his brother. Aid. w. ii. Sanborn,
are Samuel bearings counsel. and
Williams & GOodenow Samuel Lords,
and which cases are now all of fifteen
years old, were up for argument this
term, but are settled by motion to dis
miss being granted. There is also the
against William r. Merriam, which
arose out of the old Black Hills Flor
ence mining stock. Judge John B.
Brisbin will fight it through for Humph-
rey and the Messrs. Otis have Merri-
ANS appeal in hand. 1t is set for Nov.
IS. The eighteen individual appeals
from the appraisal of the COM
missioners of the state park
will all hinge upon the appeal
of IsidOre Henry from the Hennepin
county order, which is to be argued
Dec. 81. City. Attorney Murray and At
torney General Clapp will defend the
city of st. Paul, Dec. Is, against the ap-
peals of John Partridge and F. w.
Luley and others, and c. D. O'Brien
will assist Mr.. Murray in the James A.
Byrnes case, which comes up Nov. z.
The fight between the state and the city
of Minneapolis against the Manitoba
road, in which the railway company is
the appellant, will be conducted by Sea-
grave Smith for the city and Benton &
Roberts for the railway company,
Nov. 81.
EThe most important case from stand
point of the laboring man is that of the
state against Robert BrachbOgel, COM
ing from the Saltwater district court,
and it will test the Lucas lien law.
Lucas bill has made it misdemeanor,
claSsed as receiving money under false
pretenses, to even permit
LIEN TO BE FILED
upon the contractor who has reserved
money enough to pay off his debts for
labor or material furnished. BrachbO-
gel was a contractor on school house
him, and under the Lucas law of the
jailed, his bail being fixed
at 81 900, which he refused to furnish.
Judge Mcclure liberated him on writ
of habeas corpus, and the state now APP
pealS from the order of the Washington
county court. 1t is set for Dec. s. In
connection with this question there is
the appeal of JabeZ NJ. Robinson, the
assignee of the Pray Manufacturing
company. against the order of the Hen
nepin county court in favor of the Pond
Machine Tool company. About 1000
was the amount of the lien under the
old lien law, and the question involved
is whether the new lien law abol-
ishes the old one. This case will
controversy is that of Assignee Chelsea
j. Lockwood against Clerk Edward J.
Davenport, of Minneapolis. The origi-
nal case was Augusta Underhill against
Samuel Ill. Baker, over a real estate
title. Judgment amounting to about
S13,5 500 was rendered i'll favor of Client
Underhill, and Clerk Davenport dock
eted it, but forgot to enter it in the
the Judgment book. Meanwhile Baker
assigned to lockwood and lockwood
applied for a temporary in
junction to restrain the clerk
from entering the Judgment. which
Judge Lochren denied. lockwood ac-
cordingly appeals to the supreme court,
and the case will be argued Nov. s.
Among the many big eases in which
Congressman Wilson is interested is the
appeal of Oscar Mohr from the judg-
ment and orderof the Wabasha county
court. The Minnesota Elevator COM
many q baukrupt concern iS tho rp-
spondent. and the question is to test the
individual liability of the stockholders
OF the concern to pay back the loan to
NIohr and some Eastern capitalists and
banks, amounting to about $4,000, and
which the company as corporation are
unable to pay. 1t is set for Dec. IL. r..
A. Wilkinson. OF CrOOkston. has two